Disposed

The Director of Elementary Education v. S Rajeswari

Madras HC28 Nov 2024WA(MD)/1874/2024

Case brief

AI extract

What is this about?

Writ appeal over cancellation of incentive increments paid to a teacher with an Open University M.A. and attempted recovery of ten years of payments. The Division Bench held entitlement ended on 10.07.2013 under G.O.Ms.No.118 but recovery of past excess payment was barred per Rafiq Masih.

What did the court decide?

Recovery order upheld as set aside; incentive increment payable only until 10.07.2013; writ appeal disposed with no costs.

The Director of Elementary Education Vs S… — Pension and Retirement Benefits | Madras HC (2024)

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WA(MD)No.1874 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.11.2024

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CORAM :

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THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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WA(MD)No.1874 of 2024 and

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CMP(MD)No.14114 of 2024

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The Director of Elementary Education, DPI Campus,

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Chennai – 6.

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The District Educational Officer (Elementary), Kovilpatti, Thoothukudi District.

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The Block Educational Officer, Kovilpatti, Thoothukudi District. ... Appellants

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vs.

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S.Rajeswari

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The Correspondent R.C.Primary School, Kovilpatti, Thoothukudi District. ... Respondents

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Prayer : Appeal filed under Clause 15 of the Letters Patent, against the order dated 04.07.2024 made in W.P(MD)No.14762 of 2024.

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https://www.mhc.tn.gov.in/judis

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Page No.1 of 5

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WA(MD)No.1874 of 2024

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For Appellants : Mr.J.Ashok, Additional Government Pleader For R1 : Mr.T.Aswin Rajasimman

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JUDGMENT

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( Judgment of the Court was made by M.S.RAMESH, J.)

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The 1^st respondent / writ petitioner had completed her M.A degree

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in Open University in the year 1999. Through G.O.Ms.No.118, dated 10.07.2013, the Government had cancelled the sanction of incentive increment to persons who have acquired M.A degree through Open Universities. After the passing of the said G.O., the petitioner herein, had made an application in the year 2014, seeking for incentive increment which was granted on 10.12.2014. After disbursing the incentive increment for over a period of ten years, the grant of incentive increment was cancelled through the order passed on 29.04.2024, which was followed by a consequential recovery order dated 19.06.2024. When these orders were challenged before the Writ Court, the same were set aside, predominantly on the ground that the acquisition of the higher qualification of M.A degree through Open University, was prior to passing of G.O.Ms.No.118, dated 10.07.2013.

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Two aspects that arose for consideration before the Writ Court were as to whether the writ petitioner would be entitled for continuance of the

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https://www.mhc.tn.gov.in/judis

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Page No.2 of 5

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WA(MD)No.1874 of 2024

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payment of incentive increment and whether the increments already paid can be recovered.

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Insofar as the entitlement to continue to receive the incentive increment is concerned, in view of G.O.Ms.No.118, dated 10.07.2013, which imposes a prohibition for disbursement of incentive increment for persons who have acquired M.A degree through Open University and therefore, the writ petitioner would not be entitled for receiving the same after 10.07.2013.

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The consequential issue that arises for consideration is as to whether the appellants would be entitled to recover the increments already paid? This position is no more res integra, since the Hon'ble Supreme Court, in the case of State of Punjab and others vs. Rafiq Masih (White Washer) reported in ( 2015) 4 SCC 334, has clearly held that the excess payments made by the employer, which were not owing to the misrepresentation of the employees, over and above a period of five years, cannot be recovered.

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The learned Single Judge of this Court, though had set aside the order of recovery, had also interfered with the order cancelling the grant of incentive increment. In our view, the order in the writ petition with regard to recovery, has to be upheld.

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https://www.mhc.tn.gov.in/judis

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Page No.3 of 5

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WA(MD)No.1874 of 2024

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Insofar as the cancellation of the grant of incentive increment is

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concerned, the same cannot be found fault with after 10.07.2013, which is the date of G.O.Ms.No.118. However, since on the date of acquisition of M.A degree by the 1^st respondent, G.O.Ms.No.118 was not in force, the grant of incentive increment till 10.07.2013 would be valid.

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